JUVENILE JUSTICE SYSTEMS (FROM JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES - THE BALANCE OF NEEDS AND RIGHTS, 1978, BY PHYLLIDA PARSLOE - SEE NCJ-49769)

• NCJ Number: 49770
• Author(s): P PARSLOE
• Date Published: 1978
• Length: 25 pages
• Corporate Author: Routledge and Kegan Paul Ltd
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THREE BASIC APPROACHES TO JUVENILE JUSTICE -- CRIMINAL JUSTICE, WELFARE, AND COMMUNITY -- ARE IDENTIFIED AND DISCUSSED IN THE INTRODUCTORY CHAPTER OF A BOOK COMPARING JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES.

Abstract

JUVENILE JUSTICE SYSTEMS HAVE HAD CONFLICTING FUNCTIONS AND AIMS -- PROTECTING SOCIETY WHILE SERVING THE BEST INTERESTS OF THE CHILD, MEETING THE CHILD'S NEEDS WHILE ALSO PROTECTING HER OR HIS RIGHTS, AND CONTROLLING THE BEHAVIOR OF CHILDREN WHO HAVE NOT COMMITTED CRIMINAL ACTS. THREE MAJOR APPROACHES TO JUVENILE JUSTICE, EACH REFLECTING DIFFERENT VALUES AND OFFERING DIFFERENT VIEWS OF HUMAN BEHAVIOR, MAY BE IDENTIFIED. THE CRIMINAL JUSTICE APPROACH IS CONCERNED WITH THE MAINTENANCE OF A STABLE SOCIETY AND WITH ACTIONS BY INDIVIDUALS THAT THREATEN STABILITY, ASSUMING THAT BEHAVIOR IS WITHIN THE INDIVIDUAL'S CONTROL. THE WELFARE APPROACH IS CONCERNED WITH THE FAILURE OF INDIVIDUALS TO DEVELOP THEIR FULL POTENTIAL AND WITH THE IMPLICATIONS OF THAT FAILURE FOR SOCIETY. LESS WELL DEVELOPED IS THE COMMUNITY APPROACH, WHICH VIEWS THE PERSON WHO BREAKS THE LAW AS A VICTIM OF SOCIETY, AND THE JUVENILE COURT AS ONE OF A NUMBER OF AGENCIES WHICH LABEL AND STIGMATIZE SELECTED CHILDREN. WITHIN THE COMMUNITY APPROACH, THE JUVENILE COURT HAS NO POSITIVE FUNCTION. THE THREE APPROACHES MEET WITHIN THE JUVENILE JUSTICE SYSTEM. SOCIETY EITHER MANAGES OR FAILS TO ACHIEVE A COMPROMISE AMONG THE COMPETING VIEWPOINTS. THE COMPROMISE IS NECESSARY BECAUSE TO IGNORE THE RIGHTS OR NEEDS OF EITHER THE INDIVIDUAL CHILD OR OF SOCIETY WOULD MEAN ULTIMATE FAILURE. ENGLISH JUVENILE COURTS HAVE ALWAYS BEEN COURTS WITH A CRIMINAL JURISDICTION, BUT OVER THE YEARS THEY HAVE GRADUALLY INCORPORATED IDEAS DRAWN FROM THE WELFARE APPROACH. JUVENILE COURTS IN THE UNITED STATES WERE ESTABLISHED AS CIVIL COURTS OFFERING A GATEWAY TO WELFARE SERVICES FOR CHILDREN. ONLY GRADUALLY HAS THE LAW ENFORCEMENT FUNCTION OF THE U.S. JUVENILE COURTS BEEN ACKNOWLEDGED. EACH COUNTRY IS MOVING TOWARD A CENTRAL POINT, WHERE IDEAS FROM BOTH THE WELFARE AND THE CRIMINAL JUSTICE APPROACH ARE BALANCED. IN BOTH COUNTRIES, THERE IS A GROWING AWARENESS OF THE UNINTENDED EFFECTS OF COURT INTERVENTION INTO CHILDREN'S LIVES AND AN INCREASING EMPHASIS ON DIVERSION AND PREVENTION. A CHART SHOWING THE TYPES OF BEHAVIOR WHICH BRING CHILDREN WITHIN THE JURISDICTION OF THE JUVENILE JUSTICE SYSTEMS OF ENGLAND, SCOTLAND, AND THE UNITED STATES IS INCLUDED. (LKM)